Penal Code, 1860–Sec. 302 & 148–Conviction–Reversed by the High Court–Justification –Dying declaration is found reliable–It was established that the appellant was present at the time of the incident–It is not a case of defective framing of charge–Role of the appellant was attributed in the dying declaration that he hit the deceased by a hockey stick–He can be held guilty for the offence of rioting and for the use of force/violence as a member of such an unlawful assembly–Held, he is guilty u/s. 304 Pt. I/149.
